STATE OF UTTAR PRADESH Vs. GOKARAN

JUDGEMENT

(1.) On the night between the 27th and 28th March, 1972 (around mid-night) at the house of Bindra Singh in Village Shah Jabalpur, Police Station Kamlapur, District Sitapur, an incident of dacoity took place during the course of which about 30-32 miscreants variously armed with lathis (sticks) dandas (staff), gun. ballam, country made pistols, 'kanta' etc. indulged in arson, loot, violence and murderous assaults on the inmates of the house. The incident lasted. for quite some time but before the miscreants left the place two inmates of the house-Phoolan Maharaj (a Brahmin Pandit of the family) and Gautam (the minor son aged 11 of Bindra Singh) were murdered, the former by gun shots and the latter by being roasted alive in the fire while Bindra Singh (P. W. 2) himself survived a murderous assault on him; in addition the other members including females in the family received injuries. Among the said miscreants, the prosecution alleged, were the three respondents Gokarna, Prahalad and Sunder, who actively participated in the commission of the said crimes which participation was seen by witnesses standing at a short distance near the 'Bhousala' (chaff-store) of Basant Singh in the light thrown up by fire.

(2.) Admittedly, there was bitter enmity between Gokaran and his men on the one hand and Bindra Singh and his family on the other and according to the prosecution the main object of this nocturnal attack on Bindra, Singh's house was not so much to loot his property but to wreak, vengeance and kill Bindra Singh. The gruesome incident, broadly stated, occurred thus:At about midnight one of the dacoits jumped inside the Court-yard by climbing the northern wall and opened the main door making way for the other miscreants to enter. Thereafter looting of the property and beating of the inmates started. Ram Narain Singh nephew of Bindra Singh (PW1) who was sleeping along. with his wife, aunt, sister and cousin brother in one of the 'kotharies' was injured but finding an opportunity he rushed out and standing near the chaff-store of Basant Singh raised an alarm which brought several villagers and witnesses to the scene of occurrence. A Tarwaha, lying in front of the baithaka room (drawing room), was set on fire; Gokaran. who was armed with a gun started threatening "Call the police and get me locked up" and further threatened that each and every member of the family would be butchered. Gokaran, Sunder and two others went to the roof of the Baithak room in which Bindra Singh and Phoolan Maharaj were sleeping and that holes were dug in the roof of that room and through those holes kerosene oil and a Palital soaked in kerosene oil were thrown inside the room causing fire Inside the room as a result whereof Bindra Singh received burn injuries; Gokarna (sic) also resorted to firing through one of the holes. The Chapper (roof) opposite to that room was also set on fire as also about 20 to 30 heaps of mustard crop. In spite of the attempts made, the door of Baithak room (drawing room) could not be opened; therefore, Prahlad brought Gautam from inside the house and forced him' to tell his father to open the door or else he was going to be thrown in the fire. Gautam did so three or four times but Bindra Singh did not open the door and Prahlad, notwithstanding the entreaties by mother and sister of Gautam to spare him, threw Gautam into fire on account of which he died. Gokaran then ran to the southern window of the Baithak Room (drawing room) with his gun and fired three four times inside the room. Bindra Singh who was armed with his gun, fired in retaliation from inside the Baithak room (drawing room). As a result of the shots fired by Gokaran, Phoolan Maharaj got killed but thinking that Bindra Singh had died, Gokaran shouted that his work had been done. Thereafter the miscreants went away and Bindra Singh came out in injured condition and stood near the chaff-store of Basant Singh where Ram Narain Singh and others were standing.

(3.) It appears that while the incident was in progress Sant Bux Singh. brother of Bindra Singh who was sleeping at the tubewell about 200 yards away from the scene of occurrence after seeing the incident ran to Birai Jalalpur Railway Station and from there managed to flash two telegraphic/telephonic messages to Kamlapur Police Station through Barai JaIaIpur Rly. Station and Kamlapur Rly. Station about the dacoity that was taking place and also sought police help, However, even before these. railway messages were received at the police station the Station Officer, Gopal Narain Singh (P. W. 9) had started for Shah JaIaIpur on account of information about the dacoity having been received at the Police Station from a truck-driver who was passing that way (which information was also recorded) and on reaching the scene of occurrence, within a short. time received at about 2.15 a.m. a written F. I. R. (Exhibit K. 1) from Ram Narain Singh (P. W. 1) in which names of 22 dacoits including the names of the three respondents were mentioned. It may be stated that the prosecution, did not examine this Sant Bux Singh at the trial but he was examined as a Court witness by the High Court in appeal.